Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1887-12-31
SENATOR TEwART's IRRIGA-
TON BILL.

,bat Senator Stewart has introduced a
bill to promote irrigation in Nevada. We
hare nc. seen the measure in full, but
from the synopsis telegraphed to the
Coast, we conclude that it does not cut
deep enough. In fact it begins at the
wrong end of things. 1t is a measure to
give the right of way to canals, irrigating
bitches, reservoirs, etc., through the
public domain. That is not an important
concession to ask at the hands OF the
Government. 1t is not the right to dig,
but the means with which to dig, that
Nevada wants. II the Senator's bill were
law tomorrow it would not cause the
construction of a single yard of ditch in
the next five years that would not be
constructed without it. The true thing
for Senator Stewart to do is to ask Con.
gress to cede to the State of Nevada for
irrigation purposes every acre Of public
land within her borders, leaving to the
State the disposition of the land, and the
creation of an Irrigation fund with which
to reclaim the waste places in our com.
monwealth. We could then have a State
policy OF this subject. II the Senator
will take the trouble to examine the
House files of the Forty.eighth Congress
he will find a bill already prepared and
introduced by this writer which exactly
covers the case. 1t is a better and more
tangible scheme than that proposed by
himself, and will be quite as easily passed.
And besides, when it is once through,
the State and people will have something,
as a result OF his trouble and efforts.
While on this question we recall a de.
mand made last week by a journal in the
western part of Nevada for Senator Stew.
art to go to work and secure an appro-
priation of many thousands Of dollars for
irrigating purposes in Nevada. Such a
demand is simply nonsense, to put it no
stronger. Any man with ability enough
to address the public through the me-
dunn of cold, digniied, type, ought to
know more of the theory of his Govern.
ment. There is no warrant whatever in
the Constitution of the United States for
any such appropriation as he names.
Money nee in the Treasury OF the Fed.
eral Government can only be gotten out
by Act of Congress, and Congress seldom
enacts a law of doubtful constitution.
atty, especially a purely money bill,
which has no higher aim than the deple.
tion Of the peoples vaults.
The Constitution OF the United States
and the constitution OF a State stand on
opposite grounds. One is a grant of
power, while the other is a limitation of
power. The Constitution of the United
States enumerates specifically what Con.
gress may do, prohibiting the exercise Of
every other right, or rather reserving
them to the States and the people res.
pectively. Equally, a State constitution
enumerates specifically what the Legisla.
ture may not do, leaving it free to do all
other things not inhibited. Both plans
have been found admirable, having the
sanction of all the courts, and reflect the
p~rofoundest wisdom on the part OF the
Fathers of our dual system of government.
The General Government supreme in all
that is national, the State government
equally supreme in all that is local. With
a proper understanding of the relative
powers and spheres of each, there can
never be any conflict of authority, and
there should never have been. But we
are drifting too far into elementary
things. Every schoolboy should under.
stand these common principles of gov.
eminent. But we wanted to show that
editor over in the other end of the State
why it was that Senator Stewart could
not get a direct appropriation from the
Federal Treasury to dig bitches in Ne.
vada.
Among the things, and none other,
which the constitution says Congress
may do, is to levy war, conclude peace,
regulate commerce, coin money, provide
for the common defense, make needful
rules and regulations regarding the ter.
rltories and other property OF the United
States, ETC., etc. These are the prin.
cipal grants, in conformity with some
one of which, Congress formulates the
Federal law of the land, and every law
that it %enaots, if the same be constitu.
tional. There is nothing about gratuities
or bitches, or anything that can be con.
straed into a comforting of the power to
vote money for any such purpose, in the
whole range of constitutional precedent.
Every law, and every appropriation of
money is a law, must find warrant in the
constitution. Money is voted to improve
and harbors under the power given
to Congress "to regulate commerce"
The line is drawn at ~navigable rivers. |
Navada's n~avigable streams being few |
and far between, our State "gets left"
In these annual distributions of the pub
lie funds. Navies are built and fortified.
tions erected in pursuance of the ICON.
mon defense" clause of the constitution.
And so it is with all else that is done by
Congress. To succeed with any measure
you must get within the limitations of
the Federal Constitution.
We have perhaps gone futher with this